Kentucky

PENDING: House Bill 200 (Tracking stolen motor vehicles)

Posted on February 10, 2008
Introduced by Rep. Larry Belcher on January 8, 2008. Passed in the House (91 to 0) on February 4, 2008, to require a law enforcement agency to enter a stolen item with a vehicle identification number into the NCIC computer.http://www.kentuckyvotes.org/RollCall...

PENDING: House Concurrent Resolution 97 (Provide for additional training for certain attorneys)

Posted on February 10, 2008
Introduced by Rep. Susan Westrom on February 4, 2008, to request the Supreme Court and the Administrative Office of the Courts to provide basic and in-service training for attorneys serving as guardians ad litem. http://www.kentuckyvotes.org/Legislation...

JUDGES: Of junkets, gifts, and public perception at the heart of gifts of travel to sitting judges

Posted on February 10, 2008
Public office, public trust, and a public's perception of propriety and confidence in the judicial system are at stake when a judge accepts a gift even in the form of travel expenses to give a lecture.  Interesting op-ed piece in the Courier Journal today by David Hawpe...

COURTS: "Judicial temper" Editorial by Courier Journal

Posted on February 10, 2008
The following editorial by the Courier Journal takes the easy way out and blast the judge for his attempt to move the cases through the system in the face of increasing case loads.  Judge Sean Delahanty apparently had a standing rule of standing objections that the prosecutors knew about from the beginning...

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SCHOOLS: Attorney Teddy Gordon Critical of JCPS De

Posted on February 10, 2008
Here is the op-ed piece by attorney Teddy Gordon (who prevailed for the mother and child in the school case at the U.S. Supreme Court):Attorney faults JCPS 'arrogance' Courier Journal This latest attempt by Sheldon Berman and the Jefferson County School Board (JCPS) is extremely troubling to me and should be to every parent in this school district...

CRIMINAL: Year long study in the racial imbalances in Jefferson County juries now wishes to focus on prison populations

Posted on February 10, 2008
In an era of financial constraints, I hate to say why it took a year to answer a question that sounded like the initial question in the first place.  Why is there a disproportionate number of African Americans in prison compared to the rest of the population?  The stats for the prison popultion were there at the beginning...

JUVENILES: "New emphasis for state juvenile justice system - Rehabilitation, not jail, part of change "

Posted on February 10, 2008
Deborah Yetter with the Courier Journal writes on 2/10/08 that Kentucky's juvenile justice system is undergoing a major shift in philosophy -- dropping what critics said had been an emphasis on incarceration and punishment in favor of the treatment and rehabilitation required by law...

LOUISVILLE: Actors Theater Louisville assist local law firm in setting up a mock courtroom at their office

Posted on February 09, 2008
Jason Riley story in the courier journal, ATL Helps with Trial Runs.  Click on heading for entire story.Over the past four decades, Paul Owen, the resident scenic designer at Actors Theatre of Louisville, has been asked to turn stages into vampire lairs, dead planets and the magical world of Macy's Santaland...

UofL Law: "Patti Heying to Speak at Next Public Service Lunch 'n' Learn"

Posted on February 09, 2008
Patti Heying to Speak at Next Public Service Lunch 'n' Learn The next Lunch 'n' Learn sponsored by the Public Service Program will be on Wednesday, February 13 at 12:15 p.m. in Room 177.  Our guest speaker will be Patti Heying from the Department of Public Advocacy...

MEDICAL: "Forty Kentucky Nursing Homes Need Significant Improvement...We Name Names!!!"

Posted on February 09, 2008
Poppe Law Blog post - "Forty Kentucky Nursing Homes Need Significant Improvement...We Name Names!!!"

LAWREADER: "There is case law that supports the conclusion that Kentucky does not need a Constitutional Amendment to permit the licensing of Casino Gambling"

Posted on February 09, 2008
With the political maneuvering and dealing obviously going into overdrive regarding the placement of the casino bill on the ballot (not to mention concerns of what the Senate Republicans might extort from the executive branch to honor the governor's mandate from the people on this proposal), the following story by retired Judge Stan Billingsley adds a twist to the turn of the political screws...

LEGISLATION: Senate passes bill to deny shock probation in DUI death cases

Posted on February 09, 2008
DUI and shock probation story from LawReader; click on heading for their entire post:Senate passes bill to deny shock probation in DUI death cases The Ky. State Senate approved SB 25 Thursday, which would prohibit shock probation for DUI convictions where someone was killed...

FAMILY LAW: "Tobacco payments and property allocation; attorney fees"

Posted on February 09, 2008
From Lexington Lawer's Blog is a family law post: Click on heading for entire post.Tobacco payments and property allocation; attorney feesThe process of dividing property in a divorces consists of three broad steps as outlined in Jones v. Jones, 2006-CA-001870 (Feb...

CRIMINAL: Lawyers scrap over evidence

Posted on February 09, 2008
Jason Riley's story from the Courier Journal:Lawyers scrap over evidence A Jefferson Circuit Court judge has not yet ruled on whether she will seal the evidence in the murder case against Cecil Eugene New II, the Louisville man accused of murdering 4-year-old César Ivan Aguilar-Cano and dumping his body in the trash last summer...

LOUISVILLE: "[Jefferson County District Court] Judge tells attorneys to stop 'useless' objections"

Posted on February 09, 2008
Due to the potential significance of this ruling and story to district court practitioners, I am posting the Jason Riley story in its entirety: Judge tells attorneys to stop 'useless' objectionsCourier JournalJason Riley Maze and his prosecutors say they have an obligation to object to what they believe are unfair or illegal questions defense attorneys ask during hearings, and to make sure the objections are noted for the record...

CRIMINAL: "Public defender seeks $24,000 raise"

Posted on February 09, 2008
Interesting how the Courier Journal headlined this one.Public defender seeks $24,000 raise from COURIER JOURNAL The state's chief public defender is asking the legislature for a $24,000 pay raise at a time when he has discussed possible layoffs in his office because of the state's bleak budget outlook.

LEGISLATURE: "Bill offers lottery winners privacy"

Posted on February 09, 2008
Bill offers lottery winners privacy FROM COUJRIER JOURNAL The names of lottery winners could be kept secret if they want to remain anonymous under a bill filed in the Kentucky House.

CRIMINAL: "Chiropractor guilty on 1 charge"

Posted on February 09, 2008
Chiropractor guilty on 1 charge from Courier Journal Dr. Paul Hollern, who once ran a chiropractor-training empire from Louisville, was convicted yesterday of illegal electronic eavesdropping for videotaping patients without their knowledge.

CRIMINAL: "Public's help is sought in 1989 taxi-driver slaying"

Posted on February 09, 2008
Public's help is sought in 1989 taxi-driver slaying from COURIER JOURNAL New evidence has emerged in the 1989 slaying of a Louisville taxi driver whose body was found in Indiana, but police said they need more help.

February 8, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:07)

Posted on February 09, 2008
February 8, 2008:  Minutes for Kentucky Court of Appeals (COA)(2008:07) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week.  For our copy of the minutes, click here. 30 rendered decisions - Numbered 141-170 3 published - 155; 160; 167...

AOC: CJ Lambert announced yesterday that a special committee was appointed back in September to look into the ethical rules regarding judges and lawyers in mass tort and class action litigation

Posted on February 06, 2008
FRANKFORT, Ky., Feb. 5, 2008 Chief Justice Joseph E. Lambert has appointed 12 Kentucky attorneys to a committee that will study mass tort and class action litigation cases. The Mass Tort and Class Action Litigation Committee will determine whether current court rules for attorneys and judges provide adequate safeguards against unethical conduct and whether rule changes may provide guidance to attorneys and courts dealing with complex litigation...

JAN. 18, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:03)

Posted on February 03, 2008
JAN. 18, 2008 -  KENTUCKY COURT OF APPEALS DECISIONS (2008:03) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 36 rendered decisions Nos...

JAN. 11, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:02)

Posted on February 03, 2008
JAN. 11, 2008 -  KENTUCKY COURT OF APPEALS DECISIONS (2008:02) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 20 rendered decisions Nos...

CJ SPECIAL EDITORIAL: By UofL Law Professor Jones entitled "Mental illness, stigma, and the person in the office next door "

Posted on February 03, 2008
This following editorial was written and published last week.  I waited to post it here to permit the topic to sink in for all of us.  Rather than add my own comments, I am "borrowing" comments posted at the Courier Journal which lay it out so much more elegantly and eloquently than I can...

MEDICAL: Kentucky Medical Association unveils its agenda to cut their insurance premium costs and increase patient care

Posted on February 03, 2008
Medical group to press agenda with legislators BY LAURA UNGAR WITH COURIER JOURNAL The Kentucky Medical Association unveiled plans yesterday to work with legislators to ease the state's doctor shortage and widen access to health care.The Kentucky Medical Association unveiled plans yesterday to work with legislators to ease the state's doctor shortage and widen access to health care...

CIVIL: "Teen tells of terror on SixFlags ride" CJ

Posted on February 03, 2008
Teen tells of terror on SixFlags ride COURIER JOURNAL Kaitlyn Lasitter said the Superman Tower of Power ride had climbed only 20 feet last summer when it jolted and cables fell on her and two of her friends, wrapping around their necks, according to court documents...

JUDICIAL ETHICS: "Judge's donation might violate code" HERALD LEADER

Posted on February 03, 2008
Judge's donation might violate code A London lawyer appointed as a judge Thursday by Gov. Steve Beshear might have violated conduct codes by contributing $200 to the campaign of Beshear's preferred candidate in the 30th Senate district special election...

FAMILY LAW: More than 100 requests for help at Kentucky's domestic violence programs went unmet in one day, according to the National Census of Domestic Violence Services. HERALD LEADER

Posted on February 03, 2008
Requests for help go unanswered More than 100 requests for help at Kentucky's domestic violence programs went unmet in one day, according to the National Census of Domestic Violence Services. The problem was not enough room or staff for shelters. "A lot of shelters are always full, so there just isn't beds," said Sherry Currens, executive director of the Kentucky Domestic Violence Association...

PENDING: House Bill 442 (Attempt to replace interstate regulations regarding placement of children)

Posted on February 03, 2008
Introduced by Rep. Scott W Brinkman on February 1, 2008, to replace the existing interstate compact relating to the placement of children with the new interstate compact for the placement of children and make the change effective when the 35th state ratifies the compact or on July 1, 2008, whichever is later...

PENDING: House Bill 247 (Prohibit unsolicited faxes)

Posted on February 03, 2008
Amendment offered by Rep. Jimmy Higdon on February 1, 2008, to prohibit prerecorded political messages delivered by telephone that don't identify who paid for the message and on whose behalf the message was created. http://www.kentuckyvotes.org/Legislation...

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